Hong Kong Case Law: Decisions & Judgments

Topic

Certificate of assessment

Legal area

Court

24 Dec 2009

KAMI LOHAR KA BAHADUR v. NG YUK TONG t/a YUK TONG AIR-CONDITIONING ENGINEERING

Citation

KAMI LOHAR KA BAHADUR v. NG YUK TONG t/a YUK TONG AIR-CONDITIONING ENGINEERING
Court

District Court
Case number

DCEC873/2008

Because no appeal was lodged against the Board's Certificate within the statutory period, the Certificate was conclusive and the Court was bound to use its figures for quantum; consequently fresh expert evidence was inadmissible and the statutory formulas in sections 9, 10 and 10A were applied to the Certificate's findings to calculate awards.
21 Jan 2008

GINA LOUISE PORTER v. THE HONG KONG JOCKEY CLUB

Citation

GINA LOUISE PORTER v. THE HONG KONG JOCKEY CLUB
Court

District Court
Case number

DCEC1211/2007

Applying Chung Sau Ling criteria the court found the six month delay was not inordinate, the reasons (ongoing treatment, cognitive impairment and dismissal affecting future earning capacity) were sufficient, prejudice to the respondent was minimal and the medical material disclosed arguable merits; accordingly the court exercised its discretion to allow the appeal out of time and granted leave.
6 Mar 2007

TSO CHUN CHEONG v. MAK CHI MING t/a LIK WANG INTERNATIONAL SOFA CO

Citation

TSO CHUN CHEONG v. MAK CHI MING t/a LIK WANG INTERNATIONAL SOFA CO
Court

District Court
Case number

DCEC873/2006

Because a binding Certificate of Assessment under Section 16A(5) existed and no application under Section 16A(8) had been made nor any appeal lodged, Section 18A deprived the District Court of jurisdiction to entertain the Applicant's claim for assessment; the application must be dismissed for want of jurisdiction.
21 Jun 2001

Sit Hing Shing v. Wai Hang Cheong Petro-Chemicals Ltd.

Citation

Sit Hing Shing v. Wai Hang Cheong Petro-Chemicals Ltd.
Court

District Court
Case number

DCEC882/2000

Under s18(2) the judge exercised discretion to extend time because the delay was only one month, the applicant was distracted by a related employment dispute and acted with reasonable expedition once legal aid solicitors took the matter, the respondents suffered no undue prejudice and fairness warranted extension; leave to appeal out of time was granted but costs were ordered against the applicant.

Hong Kong Case Law

KAMI LOHAR KA BAHADUR v. NG YUK TONG t/a YUK TONG AIR-CONDITIONING ENGINEERING

GINA LOUISE PORTER v. THE HONG KONG JOCKEY CLUB

TSO CHUN CHEONG v. MAK CHI MING t/a LIK WANG INTERNATIONAL SOFA CO

Sit Hing Shing v. Wai Hang Cheong Petro-Chemicals Ltd.